It’s Contract Season Again: Quick Reminders for Virginia School Divisions

Contract season brings a predictable set of questions for Virginia school divisions: which employees are entitled to a written contract, which type of contract applies, and which deadlines govern nonrenewal or reassignment. As divisions prepare employment documents for the 2026–27 school year, here are a few reminders about Virginia’s contract requirements.

Who gets a contract?

Written contracts are required between the school board and:

1. teachers;
2. principals;
3. assistant principals; and
4. supervisors.[1] 

How are those terms defined?

• Teacher: a person (i) who is regularly employed full time as a teacher, guidance counselor, or librarian and (ii) who holds a valid teaching license.
• Principal: a person (i) who is regularly employed full time as a principal and (ii) who holds a valid license issued by the Board of Education necessary to be a principal.
• Assistant Principal: a person (i) who is regularly employed full time as an assistant principal and (ii) who holds a valid license issued by the Board of Education necessary to be an assistant principal.
• Supervisor: a person (i) who is regularly employed full time in an instructional supervisory position as specified in this chapter and (ii) who is required by the board to hold a license prescribed in this chapter to be employed in that position. An instructional supervisory position has authority to direct or evaluate teachers, assistant principals, principals, or other instructional personnel. [2]

Why does it matter?

Individuals entitled to contracts may be dismissed, during the term of the contract, only for cause.  Individuals not entitled to contracts are at-will employees who can be dismissed for any reason or no reason.[3] 

Who gets an annual contract?

A probationary teacher, assistant principal, principal, or supervisor.  The annual contract sets forth the terms and conditions of employment for one school year.[4]

Note that a principal, assistant principal, or supervisor who has previously achieved continuing contract status as a teacher, must serve a probationary term of three consecutive years in such position in the same school division before acquiring continuing contract status as a principal, assistant principal, or supervisor.[5]

Who gets a continuing contract?

Only validly licensed teachers, assistant principals, principals, or supervisors who have satisfied the probationary term of service are eligible for continuing contract.[6]

Note that once a teacher has attained continuing contract status in a school division, another probationary period need not be served in any other school division unless such probationary period, not to exceed two years, is made a part of the contract of employment.[7]

What’s the difference between an annual and a continuing contract?

Annual contracts are subject to nonrenewal at the end of the school year.  The nonrenewal of an individual who has not attained continuing contract status does not require cause and is not grievable. 

The terms of a continuing contract remain in full force and effect from year to year,  unless modified by mutual consent in writing by the employee and the school board.  Once a teacher, principal, assistant principal, or supervisor has attained continuing contract status, “nonrenewal” is no longer an option; the noncontinuation of a continuing contract by a school board is a dismissal.

How does nonrenewal work for teachers?

There is a specific process, with timelines, set forth in Va. Code § 22.1-305.  The process is intended to provide an opportunity for a probationary teacher to discuss the reasons for nonrenewal with the division superintendent or designee, and is procedural only. Cause is not required for the nonrenewal of the contract of a teacher who has not achieved continuing contract status.

Written notice of nonrenewal is required by June 15,[8] however, when a teacher has requested reasons for the recommendation as provided in Va. Code § 22.1-305, the June 15 deadline is not applicable. Otherwise, if notice of nonrenewal is not given by June 15, the teacher shall be entitled to a contract for the ensuing year in accordance with local salary stipulations including increments.[9]

What about nonrenewal for principals, assistant principals, or supervisors?

The Virginia Code or Board of Education regulations do not provide a specific process for the nonrenewal of probationary principals, assistant principals, or supervisors; however the Code provides that the superintendent “shall consider such evaluations, among other things, in making recommendations to the school board regarding the nonrenewal of the probationary contract of any principal or assistant principal.”[10]

What about reassignment of a principal, assistant principal, or supervisor to a teaching position?

There is a specific process set forth in Va. Code § 22.1-294.  If a reassignment will result in a reduced salary, notice must be provided by June 15.[11]  

Takeaways:

Carefully audit which employees are entitled to annual or continuing contracts, and which aren’t.  Make sure employees are provided with the correct employment document for the 2026-27 school year.  The operative deadline for nonrenewal and reassignment is no longer April 15; don’t rush the process.  

[1] Va. Code §§ 22.1-302; 22.1-294. 

[2] 8VAC20-441-10

[3] Unless the school division has a policy that provides otherwise.

[4] 8VAC20-441-10

[5] 8VAC20-441-70

[6] 8VAC20-441-10; 8VAC20-441-100.

[7] Va. Code § 22.1-303(B)

[8] Prior to 2012, the operative date was April 15.  See Bill Tracking - 2012 session > Legislation.

[9] Va. Code § 22.1-304.

[10] Va. Code § 22.1-294.

[11] Prior to 2013, the operative date was April 15.  See Bill Tracking - 2013 session > Legislation.

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